Which temporary visa should I get to work in Australia? Working Holiday Visa vs 408 Covid Visa
COVID-19 has thrown up many curve balls which have meant that the Australian Government has had to adjust our immigration legislation to ensure that visa holders in Australia during this time are not adversely impacted. Two of the solutions that have come out of the pandemic have been:
Whilst this has meant options for eligible individuals to stay in Australia, the question becomes: which one do I choose? We explore this question further below.
NIL VAC Working Holiday Visa
The NIL VAC Working Holiday visa is available to individuals who have held what is known as a ‘COVID-19 affected working holiday maker visa’. To fall into this category, an individual must have held either a subclass 417 or a subclass 462 on 20 March 2020 or before 20 March 2020 if this was the last substantive visa held. If the above applies, an individual can apply for a NIL VAC WHM visa without having to have completed the relevant seasonal work and obtain a visa for another 12 months in Australia, all without having to pay a visa application charge.
Sounds too good to be true?
Though seasonal work is not a requirement, visa applicants must still meet the age threshold (be under 31) and meet the standard health and character criteria. As long as this is the case, even individuals who have held a WHM visa after their ‘COVID-19 affected working holiday maker visa’ can apply. The deadline for accessing this concession is 31 December 2022.
Subclass 408 Pandemic Event Visa
The alternative visa solution offered by the Australian Government in response to COVID-19 is the Subclass 408 Pandemic Event visa. The criteria for this visa has changed since its inception on 3 April 2020. In its original iteration, visa applicants only needed to show that they were unable to depart Australia, had no other visa options and were within 28 days of visa expiry. Currently, individuals can access this visa stream if they are employed or have an offer of employment, are within 90 days of their visa expiry and hold/have held a substantive visa with work rights. As with the above visa subclass, there is no visa application charge for this visa. There are no indications on the end date for this visa, at this stage, it is purely speculative as to when the Australian Government will decide that there is no longer a need for this stream. Given the labour shortages being experienced across Australia, one would hope that this continues to remain an option for migrants in Australia.
Which one is best for me?
Given that both the NIL VAC WHM Visa and the Subclass 408 Pandemic Event visa do not come with a visa application charge, individuals may be wondering which one is better so to speak. We compare both visas side by side in a table below:
How Can Agape Henry Crux Help You?
Australian immigration can be very complex - if you want to find out more about a visa or citizenship matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling +612 8310 5230 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.